[BRACKETS] must be completed, and the whole document must be reviewed and finalized by a licensed attorney before BaseRentIQ is offered publicly or accepts payment.These Terms of Service (the "Terms") are a binding agreement between you ("you," "your," or "User") and [LEGAL ENTITY NAME], a [STATE] [entity type — e.g., limited liability company] ("BaseRentIQ," "we," "us," or "our"), governing your access to and use of the BaseRentIQ website, application, and related services (collectively, the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
BaseRentIQ is an automated software tool that ingests New York State Division of Housing and Community Renewal ("DHCR" / "HCR") rent registration histories and related public records and produces informational estimates and analyses — including reconstructed lawful-rent ladders, potential overcharge exposure, potential deregulation issues, and improvement-cost figures — intended to assist users in the preliminary due-diligence phase of evaluating multifamily real property.
The Service does not provide legal, financial, tax, accounting, appraisal, or other professional advice, and its output is not a legal opinion, a rent-regulation determination, or a substitute for independent verification. No attorney-client, fiduciary, broker, or advisory relationship is created by your use of the Service. BaseRentIQ is not a law firm and does not practice law. Rent-regulation status, lawful rents, overcharge liability, and deregulation validity are fact-specific legal questions that can only be resolved by qualified counsel, DHCR, and a review of the complete primary records. You must independently verify every figure before relying on it for any transaction or decision.
The Service draws on data from third-party and governmental sources, including DHCR/HCR registration records, NYC Open Data (DOB, HPD, ECB, 311), and documents you upload. These sources may be incomplete, out of date, mis-transcribed at the source, or inaccurate, and registrations on file are not a guarantee that filings were proper, timely, or lawfully served. The Service also uses automated extraction (including AI models) that can misread or misclassify records. We do not warrant the accuracy, completeness, timeliness, or reliability of any data or output.
THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any output is correct or fit for your intended use.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BaseRentIQ AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR AMOUNTS PAID IN OR LOST ON ANY REAL-ESTATE TRANSACTION, ARISING OUT OF OR RELATING TO THE SERVICE OR ITS OUTPUT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES YOU PAID TO US FOR THE SERVICE IN THE [SIX (6)] MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) [USD $100]. You acknowledge that the fees reflect this allocation of risk and that we would not provide the Service without these limitations. [Note for counsel: some limitations may not be enforceable in certain jurisdictions; confirm carve-outs.]
You agree that you will: (a) use the Service only for lawful business due-diligence purposes; (b) independently verify all output with primary records and qualified professionals before relying on it; (c) upload only documents and data that you have the right to submit; (d) not use the Service to harass, re-identify, or take adverse action against any tenant or occupant in violation of law; (e) not resell, sublicense, scrape, reverse-engineer, or build a competing product from the Service; and (f) comply with all applicable laws, including fair-housing, privacy, and consumer-protection laws. You are solely responsible for how you use the output.
You must provide accurate registration information and keep your credentials secure. You are responsible for all activity under your account. We may suspend or terminate accounts that violate these Terms.
Access to some features requires payment of fees described at [pricing page]. Fees are billed through our third-party payment processor ([Stripe]); by subscribing you authorize recurring charges until you cancel. Except where required by law or expressly stated, fees are non-refundable. We may change fees on [30] days' notice. You are responsible for applicable taxes.
You retain ownership of documents and data you upload ("User Content"). You grant us a limited, non-exclusive license to host, process, and analyze User Content solely to provide the Service to you and as described in our Privacy Policy. You represent that you have all rights necessary to grant this license.
The Service — including its software, engines, regulatory logic, interface, and content (excluding User Content and third-party/government data) — is owned by BaseRentIQ and protected by intellectual-property laws. We grant you a limited, revocable, non-transferable license to use the Service under these Terms. All rights not expressly granted are reserved.
The Service integrates third-party and governmental services and data providers, including [Anthropic/Claude API], NYC Open Data, and our hosting and payment providers. Your use may be subject to their terms, and we are not responsible for third-party services.
You agree to indemnify and hold harmless BaseRentIQ and its owners, members, officers, employees, and suppliers from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your User Content, your reliance on any output, or your violation of these Terms or applicable law.
You may stop using the Service at any time. We may suspend or terminate your access, with or without notice, for any violation of these Terms or as needed to protect the Service or comply with law. Sections that by their nature should survive termination (including Sections 1–5, 8, 9, 11, and 13) survive.
These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws rules. [Select one and have counsel finalize: (a) exclusive jurisdiction and venue in the state and federal courts located in [COUNTY, STATE]; or (b) binding arbitration on an individual basis with a class-action waiver, administered by [ARBITRATION BODY].]
We may update these Terms from time to time. Material changes will be posted here with an updated effective date and, where required, notified to you. Your continued use after changes take effect constitutes acceptance.
Questions about these Terms: [legal@yourdomain.com], [MAILING ADDRESS].